Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
We will show that conditions of public distress in Germany were in
each instance responsible for the changes and, furthermore, that these
legislative measures were, above all, inspired by criminological
propositions that had played an important part in scientific
discussions long before 1933. We will also show that the drafting of
such legislative measures was strongly influenced by the knowledge and
experience of other countries.
We shall have to proceed from the assumption that a retroactive measure
characterized only by an increase in severity of punishment does not
constitute a violation of the principle _nullum crimen sine lege_
according to common German continental legal conceptions.
If the prosecution should construe the substance of various laws as
crimes against humanity, we will have to enter into an investigation
of the actual living conditions which gave rise to the necessity for
the legislation of strict measures. One of the cardinal determinants
of any system of penal law is the principle of the deterrent influence
of punishment. Variations in the forms and uses of deterrents are at
all times dictated by circumstances. Thus, when living conditions
everywhere are at high tension, deterrents, if they are to be effective
at all, must be accompanied by a corresponding increase in severity of
legislative measures.
Some of the legal terms found in German court decisions that are to
be examined by the Court will require explanation. Such terms as
“dangerous habitual criminal,” “perpetrators of crimes of violence,”
“juvenile major criminals,” “public enemies,” “asocials,” and “criminal
type” [Taetertyp]. In defining these terms it will become apparent
that they were used as necessary aids in the quest for laws and that
they represented, by no means, a one-sided attempt at increasing the
harshness of measures in the administration of justice. These terms
were established for the purpose of setting up clear-cut, definable
boundary lines encompassing a definite group of major criminals. Such
a move paved the way for pronouncements of restricted judgments, i.e.,
less severe ones upon those who did not fall within that group.
In answer to the question of sterilization, we shall outline its
historical development in Germany and other countries both in theory
and practice. We will find that sterilization, as a program, was
advocated long before 1933 in Germany and even found champions in
Socialist and church groups. Closer examination of the law under
consideration will reveal the great care and caution exercised in
hedging in its specific provisions. Should the law itself, however,
lie beyond the pale of any possible extensive explanation, we shall
then furnish proof that it has never been misapplied for political or
race-political purposes.
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